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The Five Most Momentous Legal Tech Fails

Above the Law - Technology

In 2016, legal tech entrepreneur Derek Bluford was riding high. But that all came crashing down after I reported in 2016 of Bluford’s settlement of a lawsuit charging him with impersonating a lawyer, forging legal documents and fraudulently swindling two clients. As of this writing, the lawsuit is ongoing. QuickLegal.

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Section 230 Immunizes Bing’s Search Results–White v. Microsoft

Eric Goldman

This lawsuit relates to an episode of the TV show Evil Lives Here called “I Invited Him In,” which discusses an NY serial killer named Nathaniel White. The court agrees with Microsoft. ’…the trial court was correct to grant summary judgment finding Microsoft immune from Mr. Google, Inc., 2016); Despot v.

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Amazon Screws Up Its TOS Amendments (Again)–Jackson v. Amazon

Eric Goldman

At issue are two versions of the TOS from 2016 and 2019. The named plaintiff, Jackson, agreed to the 2016 TOS. The 2016 TOS provided an opt-out for the arbitration provision, but Jackson didn’t exercise it. Nor did the court have other evidence that might allow it to assess notice, such as a description of the email.

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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Eric Goldman

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. For nearly 30 years, the framework for judging fair use cases has been remarkably stable, based on Justice Souter’s masterful opinion for a unanimous Court in Campbell v. [Eric’s note: this is the post you’ve been waiting for: Prof. 569 (1994).

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The DTSA Ex Parte Seizure Provision Was Always Bad Policy–Janssen v. Evenus

Eric Goldman

In 2016, Congress enacted the Defend Trade Secret Act (DTSA). However, as we know, courts routinely and predictably make errors when ruling on ex parte motions, so any additional legislative embrace of ex parte procedures is always fraught with peril. Fortunately, the district court rejected the DTSA ex parte seizure request.

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You Subpoenaed My Documents, Shouldn’t You Pay for Them?

Percipient

” In Federal Court Responding Party Presumed to Bear Subpoena Costs, but Requesting Party Must Avoid Imposition of Undue Burden and Expense A case from the Northern District of Illinois provides a good analysis of when costs responding to subpoenas may be shifted to the party seeking the documents. Cardinal Growth, L.P. ,

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The 9th Circuit Keeps Trying to Ruin Cybersecurity–Enigma v. Malwarebytes

Eric Goldman

In 2016, Malwarebytes classified Enigma’s software as “malicious,” a “threat,” and a “potentially unwanted program” (or PUP), because the programs allegedly were “scareware.” ” Enigma challenged Malwarebytes’ classifications in court. ” NOT HELPFUL.

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